OTA: appeal from FTB notice of action on protest (30 days after FTB mails notice)
30 days after ftb mails its notice of action upon the protest of a proposed assessment, under RTC 19045; 18 CCR 30203(a)(1), 30204, 30205.
Rule text
RTC 19045(a): "The Franchise Tax Board’s action upon the protest, whether in whole or in part, is final upon the expiration of 30 days from the date when it mails notice of its action to the taxpayer, unless within that 30-day period the taxpayer appeals in writing from the action of the Franchise Tax Board to the board." RTC 19045(b)(2): "Any appeal to the board filed by the taxpayer on or before the date for filing an appeal specified in the notice (pursuant to paragraph (1)) shall be treated as timely filed." 18 CCR 30203(a)(1): "Notice of action (proposed assessment or specified deadline). (A) Within 30 days from the date FTB mails a notice of action upon the protest of a proposed assessment, or (B) within the 30-day period prior to the date indicated on the notice as the deadline for submitting an appeal." 18 CCR 30204: "Unless the law provides otherwise, the deadline for filing an appeal or petition for rehearing with OTA is extended, pursuant to Code of Civil Procedure section 1013, as follows:(a) Five days, if the notice or decision being appealed was mailed to an address within California;(b) Ten days, if the notice or decision being appealed was mailed to an address outside California, but within the United States; or(c) Twenty days, if the notice or decision being appealed was mailed to an address outside the United States." 18 CCR 30205: "Generally, in the absence of other evidence, the mailing date is the postmark date or the date of delivery to a delivery service where the submission was properly addressed with the postage prepaid, or the date of receipt if the document is submitted electronically. If the last day for mailing or delivering an appeal falls on a Saturday, Sunday, or a California State holiday, then the deadline is extended to the next business day."
RTC 19045; 18 CCR 30203(a)(1), 30204, 30205, official source
Calculate this deadline
- Trigger (FTB mails its notice of action upon the protest of a proposed assessment): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
RTC 19045; 18 CCR 30203(a)(1), 30204, 30205
RTC 19045(a): "The Franchise Tax Board’s action upon the protest, whether in whole or in part, is final upon the expiration of 30 days from the date when it mails notice of its action to the taxpayer, unless within that 30-day period the taxpayer appeals in writing from the action of the Franchise Tax Board to the board." RTC 19045(b)(2): "Any appeal to the board filed by the taxpayer on or before the date for filing an appeal specified in the notice (pursuant to paragraph (1)) shall be treated as timely filed." 18 CCR 30203(a)(1): "Notice of action (proposed assessment or specified deadline). (A) Within 30 days from the date FTB mails a notice of action upon the protest of a proposed assessment, or (B) within the 30-day period prior to the date indicated on the notice as the deadline for submitting an appeal." 18 CCR 30204: "Unless the law provides otherwise, the deadline for filing an appeal or petition for rehearing with OTA is extended, pursuant to Code of Civil Procedure section 1013, as follows:(a) Five days, if the notice or decision being appealed was mailed to an address within California;(b) Ten days, if the notice or decision being appealed was mailed to an address outside California, but within the United States; or(c) Twenty days, if the notice or decision being appealed was mailed to an address outside the United States." 18 CCR 30205: "Generally, in the absence of other evidence, the mailing date is the postmark date or the date of delivery to a delivery service where the submission was properly addressed with the postage prepaid, or the date of receipt if the document is submitted electronically. If the last day for mailing or delivering an appeal falls on a Saturday, Sunday, or a California State holiday, then the deadline is extended to the next business day."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- "Board" in RTC 19045 now means OTA (Gov. Code 15672). An appeal filed by the last date printed on the notice is timely (19045(b)(2)).; a last day for mailing or delivering an appeal on a Saturday, Sunday or California State holiday extends to the next business day (18 CCR 30205). An appeal is timely if MAILED to or received by OTA within the period (18 CCR 30203(a)); postmark controls (30205). Mail extension: 18 CCR 30204 extends the deadline to file an appeal or petition for rehearing with OTA by 5/10/20 days (CCP 1013) when the notice or decision was MAILED, "unless the law provides otherwise." Whether a statutory finality period (RTC 19045, 19048, 19324, 19334) "provides otherwise" is not addressed in the regulation; LAWYER REVIEW, and the conservative practice is to file within the unextended period or by the date printed on the notice. Not applied to electronic notices (30204 refers to mailing only).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
FTB mails its notice of action upon the protest of a proposed assessment on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (FTB mails its notice of action upon the protest of a proposed assessment): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Unsettled points
- The calculator shows the FTB appeal deadlines with no 18 CCR 30204 mail days, the earlier date, because the statutory periods may not be extended by regulation.Other reading: If 30204 extends the statutory periods, each deadline is 5 days later (10 out of state, 20 out of country).
- A last day on a Saturday or Sunday moves to the next business day (18 CCR 30205; Gov. Code 6707). Only days that are state holidays under both Gov. Code 6700 and Gov. Code 19853 also extend it, so a deadline on Friday, November 27, 2026 (the day after Thanksgiving, a holiday only under 19853) stays on November 27.Other reading: Cautious reading: if a regulation cannot extend these statutory finality periods (RTC 19045, 19048, 19324, 19334), file by the prior business day. A deadline on Sunday, December 6, 2026 would then be Friday, December 4.
- A last day on a Saturday or Sunday moves to the next business day (18 CCR 30205; Gov. Code 6707). Only days that are state holidays under both Gov. Code 6700 and Gov. Code 19853 also extend it, so a deadline on Friday, November 27, 2026 (the day after Thanksgiving, a holiday only under 19853) stays on November 27.Other reading: If the day after Thanksgiving counts as a California State holiday because state offices, including OTA, are closed that day (Gov. Code 19853), a November 27, 2026 deadline moves to Monday, November 30.
Notes
"Board" in RTC 19045 now means OTA (Gov. Code 15672). An appeal filed by the last date printed on the notice is timely (19045(b)(2)).; a last day for mailing or delivering an appeal on a Saturday, Sunday or California State holiday extends to the next business day (18 CCR 30205). An appeal is timely if MAILED to or received by OTA within the period (18 CCR 30203(a)); postmark controls (30205). Mail extension: 18 CCR 30204 extends the deadline to file an appeal or petition for rehearing with OTA by 5/10/20 days (CCP 1013) when the notice or decision was MAILED, "unless the law provides otherwise." Whether a statutory finality period (RTC 19045, 19048, 19324, 19334) "provides otherwise" is not addressed in the regulation; LAWYER REVIEW, and the conservative practice is to file within the unextended period or by the date printed on the notice. Not applied to electronic notices (30204 refers to mailing only).
Related deadlines
- CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice) (30 days after)
- CUIAB: appeal EDD notice of overpayment to ALJ (30 days from mailing or service) (30 days after)
- CUIAB: employer petition for review or reassessment (30 days after service of notice of assessment) (30 days after)
- CUIAB: appeal ALJ decision to the Appeals Board (30 days after mailing of decision) (30 days after)
- SPB: answer/appeal of adverse action (30 calendar days after effective date of the action) (30 days after)
- PERB: statement of exceptions to Board agent's proposed decision (20 days after service) (20 days after)
- PERB: response to exceptions (and any cross-exceptions) (20 days after service of exceptions) (20 days after)
- PERB: response to cross-exceptions (20 days) (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.